New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 5

5 Meaning of “pesticide”

(1) In this Act, "pesticide" means:

(a) an agricultural chemical product within the meaning of the Agvet Code, or

(b) a veterinary chemical product (within the meaning of the Agvet Code) that is represented as being suitable for, or is manufactured, supplied or used for, the external control of ectoparasites of animals.

Note: The Agvet Code defines an “ agricultural chemical product ” to be a substance or a mixture of substances that is represented, imported, manufactured, supplied or used as a means of directly or indirectly:

(a) destroying, stupefying, repelling, inhibiting the feeding of, or preventing infestation by or attacks of, any pest in relation to a plant, a place or a thing, or

(b) destroying a plant, or

(c) modifying the physiology of a plant or pest so as to alter its natural development, productivity, quality or reproductive capacity, or

(d) modifying an effect of another agricultural chemical product, or

(e) attracting a pest for the purpose of destroying it.

The term also includes insect repellants for use on human beings.

(2) For the purposes of this Act, a pesticide continues to be regarded as a pesticide even when it is mixed with some other substance (whether or not the other substance is a pesticide). However, a pesticide does not include a prescribed mixture or a mixture of a prescribed class or description.

Note: Subsection (2) generally deals with the situation where a pesticide is diluted, or is mixed, before being used. The effect of the provision is that the mixing of a pesticide does not mean that it is no longer a pesticide.